Your Rights When Separating From a Long-Term Partner
Your Rights When Separating From a Long-Term Partner
Separating from your partner after years of living together can be an overwhelming and emotional process. If you're not married, the legal landscape might feel even more unclear. What happens to the assets you've built together? Are you entitled to spousal support? How do you resolve these issues without unnecessary conflict?
This blog will help guide you through your rights when separating from your partner, even if marriage was never part of the equation.
What Is Common-Law Separation?
If you've been living together for several years, you may be considered a common-law couple, depending on local laws. While common-law relationships don't have the same legal standing as marriage, they do come with certain rights and obligations.
For example, in Ontario, Canada, you may be considered common-law for family law purposes if you've lived together for at least three years, or if you have a child together and are in a relationship of some permanence.
Understanding whether or not your relationship qualifies as common-law will help clarify what rights and responsibilities apply to your separation.
Who Gets What? Dividing Property in a Separation
Unlike married couples, property division laws for common-law relationships can vary significantly and don't always follow the same rules.
When separating as a common-law couple, the key difference is ownership of property. Whatever is in your name usually remains yours. If you own property together, like a house, or if you've contributed to an asset that belongs to your partner (or vice versa), matters can get more complex.
You may be able to claim an interest in your partner’s property based on contributions you’ve made, either financially or by way of effort, under what’s called a constructive trust. However, these claims can be complicated and require solid evidence.
If you're unsure what you're entitled to, speaking to an experienced family lawyer is essential.
Spousal Support in Common-Law Separations
Another common question is whether spousal support applies when separating from a long-term partner. The answer is often, "It depends."
You may be entitled to spousal support if you've been financially dependent on your partner or if separating would cause an unfair financial imbalance between you two. Courts consider several factors like the length of your cohabitation, your roles during the relationship, and your ability to support yourself moving forward.
Determining whether spousal support applies, and if so, how much, can be tricky. Legal advice is crucial in helping you understand your rights and obligations.
Parenting Responsibilities and Child Support
If you have children together, separation doesn’t change the fact that both parents have responsibilities toward their kids.
Key considerations include:
- Parenting time (formerly known as custody): Deciding how each parent will spend time with the children and make decisions about their upbringing.
- Child support: Ensuring that children are financially cared for, regardless of which parent they live with most of the time.
These decisions should prioritize the best interests of the children and, where possible, be approached collaboratively.
If you’re facing challenges, legal guidance can help you create a parenting plan that works for everyone involved.
Next Steps After Separation
Separation is a time of major transition, but you don't have to face it alone. Taking these steps can help you feel more in control:
- Document Everything
Keep clear records of your assets, debts, and contributions to shared property. These details can be crucial if disputes arise.
- Open the Lines of Communication
If possible, work with your partner to resolve issues amicably. Mediation can be a helpful way to stay focused on solutions rather than conflict.
- Seek Legal Advice
Family law is complex, and every situation is unique. Speaking to a lawyer who understands common-law separations will ensure your rights are protected and that you know your options.
We're Here to Help
Separating after years of cohabitation can be life-altering, but you don’t have to face the uncertainty alone. At Grant Lee Law, we specialize in helping separating couples understand their rights and find the best ways forward.
If you have questions about your separation, contact Angela at Grant Lee Law in Burlington and Hamilton for expert advice at 905-315-6837.
